NRS
11.2565 “Action involving nonresidential construction” defined.
1. “Action involving nonresidential
construction” means an action that:
(a) Is commenced against a design professional;
and
(b) Involves the design, construction,
manufacture, repair or landscaping of a nonresidential building or structure,
of an alteration of or addition to an existing nonresidential building or
structure, or of an appurtenance, including, without limitation, the design,
construction, manufacture, repair or landscaping of a new nonresidential
building or structure, of an alteration of or addition to an existing
nonresidential building or structure, or of an appurtenance.
Ê The term
includes, without limitation, an action for professional negligence.
2. As used in this section:
(a) “Appurtenance” means a structure,
installation, facility, amenity or other improvement that is appurtenant to or
benefits one or more nonresidential buildings or structures, but is not a part
of the nonresidential building or structure. The term includes, without
limitation, the parcel of real property, recreational facilities, walls,
sidewalks, driveways, landscaping and other structures, installations,
facilities and amenities associated with or benefiting one or more
nonresidential buildings or structures.
(b) “Design professional” means a person who
holds a professional license or certificate issued pursuant to chapter 623, 623A
or 625 of NRS or a person primarily engaged in
the practice of professional engineering, land surveying, architecture or
landscape architecture.
(Added to NRS by 2007,
646)
Notes of Decisions
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
· cites it 15× “NRS 11.2565(1) defines an "[a]ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
· cites it 8× “NRS 11.2565(1) defines an "[a] ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of…”
Obenchain v. Outdoor Promotions, LLC. (Nev. 2017).
· cites it 7× “SUPREME COURT OF NEVADA 2 (0) 1947A *Wm record is silent as to whether respondents are design professionals pursuant to NRS 11.2565, further analysis is required on remand.”
In re CityCenter Constr. & Lien Litig (Nev. 2013).
· cites it 7× “NRS 11.2565's definition of an action involving nonresidential construction is expansive; the claims do not have to be directly based on the design, construction, or manufacture of a nonresidential building, but merely "involve[ ]" those activities.”
Wells Fargo Bank, N.A. v. Cfa, Inc. (Nev. 2019).
· cites it 3× “t respondent, which was grounded on allegations that respondents "negligently engag[ed] in construction, excavation, shoring, design, supervision, management, planning, surveying, inspection, marking and other work regarding underground utilities," including sewer lateral pipes…”
Wells Fargo Bank, N.A. v. Cfa, Inc. (Nev. 2019).
· cites it 3× “t respondent, which was grounded on allegations that respondents "negligently engag[ed] in construction, excavation, shoring, design, supervision, management, planning, surveying, inspection, marking and other work regarding underground utilities," including sewer lateral pipes…”
— Nev. Rev. Stat. § 11.2565(1) — 5 cases
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“NRS 11.2565(1) defines an "[a]ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“NRS 11.2565(1) defines an "[a] ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of…”
In re CityCenter Constr. & Lien Litig (Nev. 2013).
“NRS 11.2565's definition of an action involving nonresidential construction is expansive; the claims do not have to be directly based on the design, construction, or manufacture of a nonresidential building, but merely "involve[ ]" those activities.”
Obenchain v. Outdoor Promotions, LLC. (Nev. 2017).
“SUPREME COURT OF NEVADA 2 (0) 1947A *Wm record is silent as to whether respondents are design professionals pursuant to NRS 11.2565, further analysis is required on remand.”
— Nev. Rev. Stat. § 11.2565(1)(a) — 4 cases
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“NRS 11.2565(1) defines an "[a]ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“NRS 11.2565(1) defines an "[a] ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of…”
Wells Fargo Bank, N.A. v. Cfa, Inc. (Nev. 2019).
“t respondent, which was grounded on allegations that respondents "negligently engag[ed] in construction, excavation, shoring, design, supervision, management, planning, surveying, inspection, marking and other work regarding underground utilities," including sewer lateral pipes…”
Wells Fargo Bank, N.A. v. Cfa, Inc. (Nev. 2019).
“t respondent, which was grounded on allegations that respondents "negligently engag[ed] in construction, excavation, shoring, design, supervision, management, planning, surveying, inspection, marking and other work regarding underground utilities," including sewer lateral pipes…”
— Nev. Rev. Stat. § 11.2565(1)(b) — 2 cases
Obenchain v. Outdoor Promotions, LLC. (Nev. 2017).
“SUPREME COURT OF NEVADA 2 (0) 1947A *Wm record is silent as to whether respondents are design professionals pursuant to NRS 11.2565, further analysis is required on remand.”
— Nev. Rev. Stat. § 11.2565(2)(b) — 5 cases
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“NRS 11.2565(1) defines an "[a]ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or…”
State, Dep't of Transp. Vs. Dist. Ct. (jorgenson & Koka, Llp), 2016 NV 10 (Nev. 2016).
“NRS 11.2565(1) defines an "[a] ction involving nonresidential construction" as one that: (a) Is commenced against a design professional; and (b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of…”
In re CityCenter Constr. & Lien Litig (Nev. 2013).
“NRS 11.2565's definition of an action involving nonresidential construction is expansive; the claims do not have to be directly based on the design, construction, or manufacture of a nonresidential building, but merely "involve[ ]" those activities.”
Obenchain v. Outdoor Promotions, LLC. (Nev. 2017).
“SUPREME COURT OF NEVADA 2 (0) 1947A *Wm record is silent as to whether respondents are design professionals pursuant to NRS 11.2565, further analysis is required on remand.”
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